Get Ahead With the Paperwork Before You Sell your Hampshire Home
When you accept a buyer's offer, you want your home sale to progress to contracts exchanging speedily and without a hitch.
It is a great idea to appoint your solicitor at the start of your selling process, long before you have a buyer. They can advise the paperwork they will need to ensure a smooth sale and save you weeks of stress.
One of the first things your solicitor will do is ask you to complete a Property Information Form, also known as a TA6 form, and a TA7 form if you are selling a leasehold property. Your solicitors will also ask you to complete a Fixtures & Fittings Form (TA10), which confirms what items are staying at a property when it is sold (and, therefore, by default, what things will be going).
Your buyers' lawyer will want to protect their client's interests. To achieve this, they like to see a lot of paperwork (or electronic copies of it) and check all your planning permissions or any building alterations are in order.
Here are the 11 documents you should provide when you sell your house:
1. Proof of identity
An easy one to start with! Estate agents, legal representatives and mortgage lenders are required by law to check your identity to protect against money laundering. You will need to provide them with proof of identity, e.g. passport or driving licence, and proof of address, e.g. driving licence, bank statement, or utility bill (not more than 3 months old).
2. Land Registry title documents
The title deeds prove that you are the rightful owner of your property. Your solicitor should have sent them to you when you purchased your home. If you can't find them, check with your mortgage company to see if they are holding your original deeds or if they are with your solicitor.
If you can't find your title deeds, check with the Land Registry and get a copy of the deeds for £3.
However, around 15% of land and property in the UK is not registered with HM Land Registry. If this is the case for your property, things will be a little more complicated as you'll need to prove you are the legal owner of the property. You'll solicitor will help with this.
3. Energy Performance Certificate (EPC)
If you bought your home in the last 10 years, you may have an EPC already. You can check whether you have one on the government's online database of every EPC in the UK. Using the register's EPC retrieval page, you can search for a property's energy performance certificate by postcode.
If the property you're selling doesn't have an EPC, you're legally obliged to get one before it is marketed. We will help you with this process.
4. Leasehold documents
If your property is leasehold, then dig out your lease. Your estate agent should highlight the tenure of the property in the marketing material, setting out how many years are left on the lease, current ground rent and service charges, as well as any planned increases.
If you have lived in the property for at least two years, consider extending your lease or starting the process. Many mortgages won't cover shorter leases, with less than 80 years. If yours is this low, then it may hinder your house sale.
Your solicitor will also contact your freeholder and/or managing agent to obtain their leasehold information pack. This can take a while to receive, so best to ask for this as soon as possible.
Your buyer will also want to understand:
The key lease terms include service charges, ground rent and administration fees
Documents relating to service charges, including a copy of accounts, share certificate, memorandum and articles, buildings insurance, and recent correspondence from the freeholder or managing agent. These should be sent to your solicitor.
Whether any major works are planned at the property, for example, replacing the roof.
Fire risk and other assessments (e.g. asbestos)
5. New build warranties
For new builds (or properties under 10 years old), you should have a copy of your Buildmark (NHBC) or other new home policy/warranty documents. You can find out more in our guide to new home warranties.
6. Gas safety certificate
A gas safety certificate issued by a Gas Safe registered engineer (previously CORGI) shows your boiler is checked and safe. You're not legally obliged but if you have a gas boiler, then a gas safety certificate is recommended for your own safety. Having evidence your boiler is safe and regularly maintained will no doubt be a positive for prospective buyers, helping drive the sale forward.
7. Electrical safety certificate
If you have extended or altered the wiring in your home since January 2005, you must by law obtain a certificate known as a 'Part P Building Regulation Certificate' and have it ready for your solicitor to pass on to the buyer. This proves that all new electrical work and any changes meet standards. If you can't locate your certificate, speak to the electrician who carried out the work.
If you haven't had any such work done, then sellers are under no legal obligation to provide buyers with an electrical safety certificate – also known as an Electrical Installation Condition Report. The onus is on the buyer rather than the property seller to check that the electrics are safe.
8. FENSA or CERTASS certificates for windows
If you have replaced windows since you moved into the home you are selling, then you'll need to provide a FENSA or CERTASS certificate. This proves that the windows comply with building regulations.
These certificates are usually valid for 10 years. You can search for certificates on the FENSA and CERTASS websites. If an approved workman didn't carry out your installation, or you simply cannot find the certificate, you may need to pay for indemnity insurance.
9. Planning permission and Building regulation certificates
If you've changed the property, you'll need to show evidence that you obtained the proper consent and approvals. For example, you must provide copies of planning permissions, building regulations approvals and completion certificates. As a seller, you should also give details of any building or alteration work that doesn't have the necessary consents and permissions, and details of all unfinished building and alteration work too.
If you live in a listed building, you need details of any listed building consent obtained for any interior and exterior works. Likewise, anyone living in a conservation area where consent forms are required for certain works should gather evidence that any changes comply with local rules.
10. Guarantees and other warranties
Houses are never perfect, so you don't need to pretend yours is. Find copies of receipts or guarantees for work undertaken. If there's something wrong, and you've taken action to treat it, then it shows you're a responsible homeowner.
The same goes for any warranties you might have for electrical goods or other fixtures and fittings you are planning to leave behind.
11. Other documents and "material facts."
You should be prepared to tell your estate agent all the relevant material facts about your property. Your estate agent will provide more advice, but the government guidance defines material facts as things which may have a significant impact on whether a buyer decides to purchase your home. For example, if it regularly floods or is of non-standard construction. Estate agents are legally required to share this information with potential buyers.
You will also be asked for details of non-optional financial commitments such as council tax, leasehold charges and estate rent charges.
Government guidance for selling a house suggests you should provide any Party Wall Agreements for works done that impacted on a shared wall with your neighbour, if relevant.
It also suggests any insurance policies you may have taken out when buying your home, such as indemnity insurance policies. These may want to be carried over by the new owner. Details of any restrictive covenants will also be relevant.
Just be up-front!
Hopefully, this guide has helped if you've been wondering, "What documents do I need to sell my house?". But the key thing to remember is that the more material information and documentation you can provide up-front to your solicitor, the better. You can then get their advice on what needs to be passed on to the buyer. This will reduce the risk of avoidable delays, costs and buyers pulling out when information materialises at a later date.
Need some recommendations?
Ingham Fox works with a network of tried and trusted solicitors and contractors who have helped to steer our clients through the different stages of their house sales. If you would like us to put you in touch, just give us a call or email nick@inghamfox.com
If you want further advice about how to prepare your home for sale, call us for a chat, and we'd be delighted to help you. Call Nick at 07790 020492 or email nick@inghamfox.com
